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Stewart v. Smith

Supreme Court of Arizona

December 6, 1948

STEWART
v.
SMITH et al

Appeal from Superior Court, Maricopa County; Walter J. Thalheimer, Judge.

Reversed and remanded with directions.

Croaff & Croaff and Frazier & Clark, all of Phoenix, for appellant.

Wilson & Wilson, of Phoenix, for appellees.

Stanford, C. J., and LaPrade and Udall, JJ., concur.

OPINION

PER CURIAM

Page 354

[68 Ariz. 93] This action grows out of a written contract to drill a water well, which reads:

"It is hereby understood that Arthur J. Stewart will drill an 8 inch diameter well for H. J. Smith at a site selected by the latter. All drilling equipment and labor will be furnished by Arthur J. Stewart.

"H. J. Smith agrees to pay for the drilling at the rate of $ 3.00 dollars per lineal foot for all soft formation and at rate of $ 8.00 dollars per lineal foot for all hard formation, excepting certain igneous and mineralized rocks.

"Wherever igneous or mineralized rock is encountered drilling may be discontinued or, at the option of H. J. Smith, drilling will continue, but at the rate of $ 7.50 dollars per hour.

"When drilling is discontinued payment in full will be made by H. J. Smith for all holes drilled and for all material used, whether water is found or not. All casing, pipe and material, other than drilling equipment, will be furnished by H. J. Smith at the well site.

"It is understood that the size of the drill hole may be enlarged or reduced should formations be encountered which make it necessary.

"Payment Schedule -- in full at each 100 foot level.

"This contract is limited to 400 ...


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